Judgment

MAHAJAN, C.J.I.

These are two connected appeals by special leave against an order of the Judicial Commissioner, Himachal Pradesh, dated the 26th December 1951, rejecting two applications for the issue of writ of mandamus and cretiorari under Article 226 of the Constitution.

2. The facts giving rise to the two petitions out of which these two connected appeals arise are these :

One Trilok Nath was running a business in Himachal Pradesh under the name and style of "Himachal Drug Nurseries" for the extraction., collection and export of medicinal herbs in the year 1949, he was a partner of Messrs. Prabhu Dayal and Gowri Shanker of Jammu and Kashmir State in timber business carried on in that State under the name and style of "The Kashmir Woods". It was alleged by him that the business in Chamba was his exclusive business with which the partnership firm "The Kashmir woods" had no concern whatsoever.

Prabhu Dayal s case was that the firm "The Kashmir Woods" was started by him in 1943 as his sole propertary concern, that later on he took Trilok Nath Mahajan as a partner in this concern, that in the year 1949 Sardar Bhagwan Singh induced the partners of this firm to take up the lin